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KI-Symbolbild: Eine sonnige Hausterrasse mit gedecktem Frühstückstisch aus Holz, dahinter Garten und Berge im Morgenlicht.
Practical article Buying Austria

Trying a house before buying: legally separating the usage period and purchase on trial

How do I clarify an offered trial stay in Austria before deriving a free later right to decide on purchase from it?

Automatically translated – the German version is legally binding. Show original (German)

Published
19 Oct 2026
Research as of
17 Oct 2026
Applies to
Austria
For whom
Searchers & tenants
Article ID
WX26-P04-0047

You may be allowed to try out a house for a period of time and only decide afterwards. The seller calls this a “Kauf auf Probe” (purchase on trial). In another message, however, there is talk of an already binding purchase and an early handover of the keys. Before moving in, it must be clarified which arrangement is actually intended. A pleasant trial period is not an independent legal qualification.

Explicitly name three possible intentions

Our editorial recommendation: State explicitly whether you intend only temporary use, to assume an already binding purchase early in practice, or to decide on the purchase only after an inspection. Ask the contract adviser to classify the actual declarations precisely.

This distinction also determines which documents are required and how the later decision is treated. The article does not confirm any of the offered arrangements as effective and contains neither a use agreement nor a finished condition for a property purchase.

What the statutory term purchase on trial describes

§1080 ABGB deals with Kauf auf Probe (purchase on trial) with a condition of approval and governs the binding effect within the described framework. [PROBEKAUF] From this it does not follow for a transaction specifically labelled in this way, without examination, that it is subject to that rule exactly.

Therefore present all intended declarations, including the offer, payment arrangements and usage agreement. Ask whether and how your still open purchase decision is reflected legally. An oral assurance “you can still think about it” must not remain unresolved alongside a declaration to the contrary.

Handover and silence can become important

§1081 governs, for the object already handed over for viewing or trial as described there, an approval effect of silence after the expiry of the trial period. §1082 deals with an unagreed trial period and the possibility of setting a reasonable period. [SCHWEIGEN] [PROBEZEIT]

Therefore do not plan on an indefinite, consequence-free state of limbo. Let start, end and the legally required declaration be determined on the basis of your specific agreement. This article does not name a personal end date or a blanket period for every house transaction.

The use itself needs an appropriate basis

Regardless of the purchase decision, permitted scope of use, costs, handling of damage and the end of the temporary use must be clarified. Unauthorised alterations or passing on keys do not fit into a merely assumed trial period.

Ask about the confirmed condition for insurance and utilities, insofar as this is necessary for your stay. Which arrangement applies here must be examined on the basis of the concrete model. A key alone does not establish ownership or all ongoing obligations.

Fictitious case: The household simply does not want to respond anymore

A household has already moved into the house and notices that it does not suit them after all. They want to return the keys later and otherwise make no declarations. Whether that fits the agreed model and the relevant trial period is not known to them.

They have the situation clarified in good time and coordinate the required response. The example does not confirm any approval or any free exit. It shows why, especially when living has already begun, the legal significance of the passage of time and declarations must be understood in advance.

Sources and context

Created with the help of AI and editorially reviewed. General guidance only; not individual legal, tax or financial advice. Errors and later changes are possible.